Chapter 324 |
2025 -- H 5635 Enacted 06/30/2025 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED BEHAVIOR ANALYSTS |
Introduced By: Representatives Spears, Azzinaro, Fogarty, Cotter, Caldwell, and Donovan |
Date Introduced: February 26, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 5-86-2, 5-86-3, 5-86-8, 5-86-9, 5-86-10, 5-86-21 and 5-86-26 of the |
General Laws in Chapter 5-86 entitled "Licensing of Applied Behavior Analysts" are hereby |
amended to read as follows: |
5-86-2. Definitions. |
As used in this chapter, the following terms shall be construed as follows: |
(1) “Applied behavior analyst” means a person licensed to practice applied behavior |
analysis under the provisions of this chapter and the rules and regulations authorized by this |
chapter. |
(2) “Applied behavior analyst aide” means a person not licensed pursuant to the laws and |
rules applicable to the practice of applied behavior analysis, who works under the supervision of a |
licensed applied behavior analyst, who assists in the practice of applied behavior analysis and |
whose activities require an understanding of applied behavior analysis, but do not require |
professional or advanced training in the basic anatomical, psychological, and social sciences |
involved in the practice of applied behavior analysis. |
(3) “Applied behavior assistant analyst Assistant applied behavior analyst” means a person |
licensed who practices applied behavior analysis under the provisions of this chapter and the rules |
and regulations authorized by this chapter. |
(4) “Board” means the licensing board of applied behavior analysts within the Rhode Island |
department of health, established pursuant to the provisions of § 5-86-4. |
(5) “Department” means the Rhode Island department of health. |
(6) “Director” means the director of the Rhode Island department of health. |
(7) “Education” means the academic program pursued by the person in obtaining the |
bachelor’s, master’s, or doctorate degree, that the programs to include formal course work, |
seminars, and practica. |
(8) “Psychologist with equivalent experience” means a person deemed to hold equivalent |
licensure as an applied behavior analyst upon satisfying equivalency requirements through |
submission and satisfaction of written evidence of education and relevant experience to the |
department pursuant to § 5-86-9(c). |
(9) “Practice of applied behavior analysis” means the design, implementation, and |
evaluation of environmental modifications by a behavior analyst to produce socially significant |
improvements in human behavior. It includes the empirical identification of functional relations |
between environment and behavior, known as functional assessment and analysis. Applied |
behavior analysis interventions are based on scientific research and the direct observation and |
measurement of behavior and environment. They utilize contextual factors, establishing operations, |
antecedent stimuli, positive reinforcement, and other consequences to help people develop new |
behaviors, increase or decrease existing behaviors, and emit behaviors under specific |
environmental conditions. The practice of applied behavior analysis expressly excludes |
psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, |
psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. Such services are |
provided by a person licensed under this chapter only when applied behavior analysis services are |
prescribed by a child psychiatrist, a behavioral developmental pediatrician, a child neurologist, or |
a licensed psychologist with training in child psychology pursuant to § 27-20.11-4. |
(10) “Supervised experience” means the practical application of principles, methods, and |
procedures of the science of applied behavioral analysis in accordance with the requirements of § |
5-86-9. |
(11) “Supervision” means that a licensed applied behavior analyst is at all times responsible |
for supportive personnel and clients. |
(12) “These regulations” mean all parts of Rhode Island rules and regulations for licensing |
applied behavior analysts, applied behavior assistant analysts assistant applied behavior analysts, |
and psychologists with equivalent experience. |
(13) “Training” means the pre-professional or professional-supervised experience received |
by the person at the pre or post-doctoral level, that experience to have been obtained in an |
internship, clinic, or other similar professional setting. |
5-86-3. Licensing. |
(a) Any individual licensed under this chapter may use the title “licensed applied behavior |
analyst” and the abbreviation “LBA” or the title “licensed applied behavior assistant analyst |
assistant applied behavior analyst” and the abbreviation “LABA,” or the title “psychologist with |
equivalent experience,” provided that the title and abbreviation correspond to the license held |
pursuant to this chapter. |
(b) It is unlawful for any person to represent herself or himself as a licensed applied |
behavior analyst, LBA, licensed applied behavior assistant analyst assistant applied behavior |
analyst, LABA, or psychologist with equivalent experience, unless he or she is licensed as a |
licensed applied behavior analyst or licensed applied behavior assistant analyst assistant applied |
behavior analyst or licensed as a psychologist with equivalent experience pursuant to the provisions |
of this chapter. |
(c) A licensed applied behavior analyst, licensed applied behavior assistant analyst |
assistant applied behavior analyst, or psychologist with equivalent experience, is not required to be |
an employee of a prescribing profession or organization, and may work for a public or private |
agency or in private practice in accordance with the requirements of § 5-86-9. |
(d) Licensed applied behavior analysts, licensed applied behavior assistant analysts |
assistant applied behavior analysts, and psychologists with equivalent experience are responsible |
for following all applicable federal and state laws and regulations regarding the confidentiality of |
medical records. |
5-86-8. Register of applied behavior analysts — Licensing records — Issuance of |
licenses. |
The department shall maintain a register of all licensed applied behavior analysts, licensed |
applied behavior assistant analysts assistant applied behavior analysts, and psychologists with |
equivalent experience under this chapter which shall be open at all reasonable times to public |
inspection and updated regularly. The department shall be the custodian of all records pertaining to |
the licensing of applied behavior analysts, applied behavior assistant analysts assistant applied |
behavior analysts, and psychologists with equivalent experience. |
5-86-9. Qualifications and examinations for licensing. |
(a) An applicant for licensure as a licensed applied behavior analyst shall submit to the |
board written evidence on forms furnished by the department that the applicant: |
(1) Is of good moral character; |
(2) Has obtained a graduate degree in applied behavior analysis or a related field, as |
approved by the board, from a college or university accredited by the New England Association of |
Schools and Colleges, or an equivalent regional accrediting agency, and that has the approval by a |
national or regional certifying authority, including, but not limited to, the applied behavior analyst |
licensing board; |
(3) Has successfully completed the amount of coursework in applied behavior analysis |
acceptable to the board; |
(4) Has appropriate supervised experience that aligns with the behavior analyst certification |
boards (BACB) supervision requirements to include either: (i) One year, including one thousand |
five hundred (1,500) hours of supervised independent fieldwork in applied behavior analysis. The |
distribution of supervised independent fieldwork hours must be at least ten (10) hours per week, |
but not more than thirty (30) hours per week, for a minimum of three (3) weeks per month; (ii) One |
thousand (1,000) hours of practicum in behavior analysis within a university experience program |
approved by the national or regional certifying authority. The distribution of practicum hours must |
be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a |
minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750) hours of intensive |
practicum in behavior analysis within a university experience program approved by the national or |
regional certifying authority. The distribution of intensive practicum hours must be at least ten (10) |
hours per week, but not more than twenty-five (25) hours per week, for a minimum of three (3) |
weeks per month; |
(5) Has passed the relevant examination administered by an appropriate nationally |
recognized accrediting organization as approved by the department of health for this function |
behavior certification behavior analyst (BCBA) examination administered by the behavior analyst |
certification board (BACB); |
(6) Has maintained active status and fulfilled all relevant requirements for renewal and |
relicensing with the nationally recognized and accredited organization(s) as approved by the |
department of health licensing behavior analyst certification board; |
(7) Conducts his or her professional activities in accordance with accepted standards for |
responsible professional conduct, as approved by the Rhode Island applied behavior analyst |
licensing board the ethical guidelines and standards outlined by the behavior analyst certification |
board (BACB); and |
(8) Meets the criteria as established in § 5-86-12. |
(b) An applicant for licensure as a licensed applied behavior assistant analyst assistant |
applied behavior analyst shall submit to the board written evidence on forms furnished by the |
department that the applicant: |
(1) Is of good moral character; |
(2) Has obtained a bachelor’s degree in behavior analysis or a related field, as approved by |
the board, from a college or university accredited by the New England Association of Schools and |
Colleges, or an equivalent regional accrediting agency, and that has the approval by a national or |
regional certifying authority, including, but not limited to, the applied behavior analyst licensing |
board; |
(3) Has successfully completed the amount of coursework in applied behavior analysis |
acceptable to the board; |
(4) Has appropriate supervised experience to include either: (i) One thousand (1,000) hours |
of supervised independent fieldwork in applied behavior analysis. The distribution of supervised |
independent fieldwork hours must be at least ten (10) hours per week, but not more than thirty (30) |
hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred seventy (670) hours |
of practicum in behavior analysis within a university experience program approved by the national |
or regional certifying board. The distribution of practicum hours must be at least ten (10) hours per |
week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per |
month; or (iii) Five hundred (500) hours of intensive practicum in behavior analysis within a |
university experience program approved by the national or regional certifying board. The |
distribution of intensive practicum hours must be at least ten (10) hours per week, but not more |
than twenty-five (25) hours per week, for a minimum of three (3) weeks per month; |
(5) Is supervised by a licensed applied behavior analyst in a manner consistent with the |
board’s requirements for supervision of licensed applied behavior assistant analysts assistant |
applied behavior analysts; |
(6) Has passed the examination administered by an appropriate nationally recognized |
accrediting organization as approved by department of health licensing for this function; |
(7) Has maintained active status and fulfilled all relevant requirements for renewal and |
relicensing with the nationally recognized and accredited organization(s) as approved by the |
department of health licensing; |
(8) Conducts his or her professional activities in accordance with accepted standards for |
responsible professional conduct, as required by the Rhode Island applied behavior analyst |
licensure board; and |
(9) Meets the criteria as established in § 5-86-11. |
(c) An applicant shall be judged to hold the equivalent requirement of a licensure as an |
applied behavior analyst upon submission to the board, written evidence on forms furnished by the |
department if the following equivalency requirements are met to the satisfaction of the licensing |
board: |
(1) Has received a doctoral degree in psychology from a college or university accredited |
by the New England Association of Schools and Colleges, or an equivalent regional accrediting |
agency, and that has the approval by a national or regional certifying authority; |
(2) Is individually licensed by the department of health as a psychologist subject to chapter |
44 of this title; |
(3) Is of good moral character; |
(4) Has completed coursework in applied behavior analysis supervised by the department |
within the college or university granting the requisite degree or by an accredited postgraduate |
clinical training program recognized by the United States Department of Education, or education |
and/or experience that is deemed equivalent by the board; |
(5) Has completed one thousand five hundred (1,500) hours of direct client contact offering |
applied behavior analysis services subsequent to being awarded a doctoral degree in psychology; |
(6) Conducts his or her professional activities in accordance with accepted standards for |
responsible professional conduct, as required by the Rhode Island applied behavior analyst |
licensure board; and |
(7) Meets the criteria as established in § 5-86-12. |
5-86-10. Licensure. |
A license under this chapter may be issued to: |
(1) An any applicant who meets the requirements for licensure as approved by the |
department of health and licensed as a licensed applied behavior analyst, licensed applied behavior |
assistant analyst assistant applied behavior analyst, or psychologist with equivalent experience as |
stated in this chapter; and |
(2) An applicant who has been certified by an appropriate nationally recognized and |
accredited organization, as approved by the department of health, licensing and licensed as a |
licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with |
equivalent experience under the laws of another state, United States territory, or foreign country |
where the board determines that the requirements are substantially equivalent to those of this state. |
5-86-21. Persons and practices exempt. |
(a) No provision of this chapter shall be construed to prevent members of other recognized |
professions who are licensed, certified, or regulated for independent practice of that profession |
under the laws of this state from rendering services consistent with their professional training and |
code of ethics and scope of practice as defined in the relevant licensure act, provided that they do |
not represent themselves to be licensed applied behavior analysts, licensed applied behavior |
assistant analysts assistant applied behavior analysts, or psychologists with equivalent experience. |
Recognized members of the clergy shall not be restricted from functioning in their ministerial |
capacity, provided that they do not represent themselves to be applied behavior analysts, licensed |
applied behavior assistant analysts assistant applied behavior analysts, or psychologists with |
equivalent experience. |
(b) Nothing in this chapter shall be construed to prohibit teachers, guidance personnel, |
social workers, and school psychologists in public or private schools from full performance of their |
duties, nor to prohibit the use of applied behavior analytic techniques by business or industrial |
organizations or companies for employment, placement, evaluation, promotion, or job adjustment |
of their own officers or employees. |
(c) Nothing in this section shall be construed as prohibiting the use of consultants who are |
defined as qualified intellectual disability professionals under the Code of Federal Regulations |
(C.F.R.) 42 C.F.R. § 483.430 by facilities licensed as intermediate-care facilities for people who |
are developmentally disabled by the department of behavioral healthcare, developmental |
disabilities and hospitals. |
(d) Nothing in this chapter shall be construed as permitting licensed applied behavior |
analysts, licensed applied behavior assistant analysts assistant applied behavior analysts, or |
psychologists with equivalent experience to practice medicine as defined by the laws of this state. |
(e) Nothing in this section shall be construed as permitting those persons identified in |
subsections (b) and (f) of this section to offer their services to any persons or organizations other |
than those listed in subsection (f) of this section as consultants or to accept remuneration for any |
behavior analytic services other than that of their institutional salaries or fees unless they have been |
licensed under this chapter or exempted under subsection (a) of this section. |
(f) Nothing in this section shall be construed as prohibiting those persons who are |
implementing applied behavior analysis services to an immediate family member or as a paid or |
volunteer caregiver, if the individual or caregiver does not represent himself or herself as a licensed |
applied behavior analyst, licensed applied behavior assistant analyst assistant applied behavior |
analyst, or psychologist with equivalent experience. |
(g) An applied behavior analyst licensed or certified in another state or United States |
territory may perform applied behavior analysis services in this state without obtaining a license |
for up to ten (10) calendar days per calendar year with no more than five (5) days of this activity |
occurring consecutively. The calendar day limit shall not apply to services as an expert witness in |
a legal proceeding. |
(h) Nothing in this section shall be construed as prohibiting any person pursuing a |
supervised course of study leading to a degree or certificate in applied behavior analysis at an |
accredited or approved educational program if the person is designated by a title that clearly |
indicates his or her status as a student or trainee. |
(i) Nothing in this section shall be construed as prohibiting any persons fulfilling the |
supervised fieldwork experience requirement of this section. |
5-86-26. Supervision. |
(a) A licensed applied behavior analyst shall exercise sound judgment and shall provide |
care within the scope of practice or guidelines in the performance of his or her duties. A licensed |
applied behavior analyst shall be permitted to supervise the following: applied behavior analysts, |
applied behavior assistant analysts assistant applied behavior analysts, applied behavior analyst |
aides, care extenders, applied behavior analyst students, and volunteers. |
(b) Subject to the requirements of this section, a licensed applied behavior assistant analyst |
assistant applied behavior analyst may practice limited applied behavior analysis only under the |
supervision of a licensed applied behavior analyst. Supervision requires, at a minimum, that the |
supervising licensed applied behavior therapist meet in person with the licensed applied behavior |
assistant analyst assistant applied behavior analyst to provide initial direction and periodic on-site |
supervision. The supervising licensed applied behavior analyst working with the applied behavior |
assistant analyst assistant applied behavior analyst shall determine the amount and type of |
supervision necessary in response to the experience and competence of the licensed applied |
behavior assistant analyst assistant applied behavior analyst and the complexity of the treatment |
program. The supervisor and the licensed applied behavior assistant analyst assistant applied |
behavior analyst shall be jointly responsible for maintaining records, including patient records, to |
document compliance with this regulation. |
(c) A licensed applied behavior assistant analyst assistant applied behavior analyst: |
(1) May not initiate a treatment program until the patient has been evaluated and the |
treatment planned by the licensed behavior analyst; |
(2) May not perform an evaluation, but may assist in the data-gathering process and |
administer specific assessments where clinical competency has been demonstrated, under the |
direction of the licensed applied behavior analyst; |
(3) May not analyze or interpret evaluation data; |
(4) May participate in the screening process by collecting data and communicate the |
information gathered to the licensed applied behavior analyst; |
(5) Monitors the need for reassessment and reports changes in status that might warrant |
reassessment or referral under the supervision of the licensed applied behavior analyst; and |
(6) Immediately discontinues any treatment procedure, which appears harmful to the |
patient and immediately notifies the supervising applied behavior analyst. |
(d) An applied behavior analyst aide shall be a worker trained on the job. A licensed applied |
behavior analyst using applied behavior analyst aide personnel to assist with the provision of |
applied behavior analysis services must provide close supervision in order to protect the health and |
welfare of the consumer. |
(e) The primary function of an applied behavior analyst aide shall be to perform designated |
routine tasks related to the operation of applied behavior analysis service. |
(f) The licensed applied behavior analyst shall not delegate to an applied behavior analyst |
aide: |
(1) Performance of applied behavior analysis evaluation procedures; |
(2) Initiation, planning, adjustment, modification, or performance of applied behavior |
analyst procedures requiring the skills or judgment of a licensed applied behavior analyst; |
(3) Acting on behalf of the applied behavior analyst in any matter related to applied |
behavior analysis, that requires decision making or professional judgment. |
SECTION 2. This act shall take effect upon passage. |
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LC001804 |
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